Estate Litigation Attorney in Rockingham County

Guiding You Through Difficult Estate Disputes

When a loved one dies or becomes unable to manage their affairs, legal conflicts over money and property can surface at the worst possible time. If you are facing a disagreement about a will, trust, or estate administration in Rockingham County, you do not have to sort it out alone. Our experienced estate litigation attorney in Rockingham County can help you understand your options and protect your interests.

At Beaton & Kiers, PLLC, we help families navigate contested estates with calm, practical guidance. Our attorneys bring over 50 years of combined experience and proven trial backgrounds to every case. We have handled thousands of matters in New Hampshire courts, and we know how emotional and complex these disputes can be.

We offer free in-person and virtual consultations, and our firm is available 24/7 to answer urgent questions. When you reach out, we listen to your story, explain the process in clear language, and discuss possible paths forward so you can decide what feels right for you and your family.

Don't let a flawed will or a negligent trustee jeopardize your future. Contact an estate litigation attorney in Rockingham County at Beaton & Kiers, PLLC to discuss your case—Call us at (603) 769-3491 or reach out online today.

Understanding Estate Litigation Laws in New Hampshire

Estate litigation in the Granite State encompasses a wide range of disputes that arise during the probate process or the administration of a trust. These cases are primarily governed by Title LVI of the New Hampshire Revised Statutes, with specific focus on RSA 551 (Wills) and RSA 564-B (The New Hampshire Trust Code).

New Hampshire remains a "pro-settlor" jurisdiction, meaning our laws strongly favor the intent of the person who created the will or trust. However, this also means the procedural requirements for challenging these documents are strict. 

Common types of litigation we handle include:

• Will Contests: Challenging the validity of a Last Will and Testament based on improper execution, lack of capacity, or undue influence.
• Trustee Misconduct: Bringing actions against a trustee for breach of fiduciary duty, such as self-dealing, commingling assets, or failing to provide required accountings under RSA 564-B.
• Pretermitted Heir Claims: Seeking a share of an estate for a child or spouse who was unintentionally omitted from a will (RSA 551:10).
• Trust Decanting Disputes: Under RSA 564-B:4-418, trustees have broad power to "decant" or move assets from one trust to another. We represent parties when this power is used to unfairly alter a beneficiary’s interest.
• Fiduciary Surcharges: Seeking court orders to make an executor or trustee personally liable for losses caused by their negligence or bad faith.
• Late-Life Transfers and Beneficiary Changes: Significant gifts or last-minute changes to beneficiary designations can raise concerns about exploitation, particularly when the individual was ill, isolated, or dependent on someone else. We analyze the surrounding circumstances and advise clients on whether to challenge or defend the transfer.

A Rockingham County estate litigation lawyer must stay current on these statutes, as New Hampshire frequently updates its Trust Code to maintain its status as a premier jurisdiction for asset management.

Key Elements for Challenging or Defending an Estate Plan

In the 10th Circuit Probate Division, the "burden of proof" is the pivotal factor in every case. To successfully challenge or defend a will or trust, specific legal thresholds must be met:

• Testamentary Capacity: The person contesting a will must prove the testator did not understand the nature of their assets, the "natural objects of their bounty" (family), or the effect of the document they were signing.
• Undue Influence: This requires proving that a third party exerted such extreme pressure that it overbore the free will of the decedent, essentially replacing the decedent’s intent with their own.
• Formal Execution: Under RSA 551:2, a will must be in writing, signed by the testator, and attested to by two or more credible witnesses. Any technical failure in this process can render the entire document void.
• No-Contest Clauses (RSA 551:22): New Hampshire law generally enforces "in terrorem" or no-contest provisions. If you challenge a will and lose, you may forfeit your entire inheritance. We meticulously evaluate these clauses before filing any action.

How Estate Litigation Works in Rockingham County

Estate disputes can feel overwhelming, but understanding the process can make them more manageable. In this area, most contested estate and trust matters are handled through the Rockingham County Probate Court, with jurisdiction typically based on where the person lived at the time of death or where a trust is administered.

1. Cases begin with a formal filing. A dispute usually starts when someone files a petition or objection with the probate court—such as challenging a will, objecting to the appointment of an executor, or seeking removal of a fiduciary.
2. The court sets the procedural framework. After the initial filings, the court may schedule hearings, require the exchange of information, and hold conferences designed to clarify and narrow the issues in dispute.
3. Multiple parties may have legal rights and duties. Executors and administrators manage estate assets and distributions. Trustees manage trust property for beneficiaries. Beneficiaries—and sometimes creditors—have rights to receive information and, in certain circumstances, to challenge actions they believe violate fiduciary obligations.
4. Timelines vary depending on complexity. Some disputes are resolved within a few months, especially if issues are addressed early. More complex matters involving discovery, expert testimony, or contested hearings can take significantly longer.
5. We guide you through each stage. Our role is to explain what to expect, prepare you for upcoming hearings or deadlines, and help you make informed decisions as the case progresses.
6. We pursue efficient resolution while preparing for litigation. When appropriate, we seek negotiated agreements, request targeted court instructions, or explore mediation. At the same time, we prepare thoroughly for a contested hearing to protect your interests if a settlement is not possible.

Our familiarity with local probate procedures allows us to offer practical, strategic advice at every decision point.

How Our Rockingham County Estate Lawyers Support You Through Conflict

Estate disputes are not just about documents and court rules. They are also about families, memories, and long-term relationships. Our goal is to support you through this conflict in a way that respects both your legal rights and your personal values. From the first meeting, we focus on listening carefully and explaining your options in straightforward terms.

Your initial consultation with our firm is free, whether held in person or virtually. During that meeting, we review key documents, such as the will, trusts, or accountings, and we discuss your concerns and questions. We then outline potential next steps, including whether immediate action is needed to meet a deadline or preserve property. You leave the meeting with a clearer sense of what is involved, even if you decide not to move forward.

Communication is central to how we work with clients. We are available 24/7 to address urgent issues, and we strive to return calls and emails promptly. Whenever we can, we use flat fees for specific services, such as initial file reviews or discrete motions, so you can plan ahead. For other work, we explain in advance how time will be billed and what factors may affect the total cost. Our aim is to avoid surprises and to align legal strategy with your financial comfort level.

Our team includes Spanish speakers, and we welcome clients from all backgrounds. We also understand that estate conflicts can intersect with serious health issues, disability, or financial hardship. Our attorneys’ involvement with organizations such as Connor’s Climb Foundation and Family Reach reflects our commitment to supporting families facing difficult circumstances both in and out of the courtroom.

If you are facing an estate dispute, helpful first steps include:

• Gathering important documents, such as wills, trusts, account statements, and recent powers of attorney
• Writing down a timeline of key events, including health changes, major gifts, and relationship shifts
• Avoiding agreements or document changes under pressure until you have received legal advice
• Limiting direct confrontation with other parties and allowing your attorney to handle communications when possible
• Contacting our firm promptly if you receive court papers or notice of a hearing date

Talk to Our Estate Litigation Lawyers in Rockingham County

If you are dealing with a contested will, trust dispute, or other probate conflict, you do not have to face it alone. Our attorneys are prepared to listen carefully, review your situation, and help you decide on a path forward with clarity and confidence.

To speak with an estate litigation attorney in Rockingham County about your case, contact Beaton & Kiers, PLLC today for a free consultation. You can reach us at any time. Call (603) 769-3491 or reach out online to schedule your consultation.